Fort Worth weekly gazette. [volume] (Fort Worth, Tex.) 1882-1891, 1887-09-16
them, leading up to the present attn
Of the question.


tlement to proceed unimpaded by mis-
chievous rumors, widely circulated, con-
corning the policy to be pursued by the
state, and public misrepresentation Of the
meaning OF the law. The letter
also questioned the euthGrity for
the leasing of school lands prior to an
official determinat IN of the question
whether or not they are wanted for pur-
poses OF actual set. ,ment, and asser ed
that the Panhandle lands are in demand
for settlement.
To this communication of Mr.. Brown
ing to the Governor, the Land Commis-
sioner replied IN letter dated August II,
and published in THE GAZETTE. The
Commissioner asserted tlst Mr.. Brown
ing's motive was 10 hamper the opera
tons Of the new law, which he had IN
successfully 'labored to mar, mutilate
and defeat" while it was under con-
sidera.ion in the Legislature. He
stated that universal demand to
purchase wherever public lands are
situated necessitates the classification OF
them all, which will bedone to the extent
that the appropriation made by the Leg
islsture will permit, and that in the mean
time leases were being made subject TO
classification and the provision in the law
making leased agricultural lands subject
TO sale TO actual settlers. The COmnis
sioner minated thst the administration
had decided not to enforce section is Of
/ the law, which was intended to force the
removal Of the fences illegally erected
around the school lands, because of the
belief that it would ''ruthiessly destroy
the cattle interests CT Texas"
In his reloinder Mr.. Browning goes TO
the record for q viudication OF his course
in the Legislature. He shows ths. his
"muti.ation' Of the bill consisted in the
offer of three amendments each OF which
wss incorporated into the law. One Of
these is the clause, the meaning of which
is now in controversy, subjecting leased
agricultural lands to purchase by ectual
settlers. Tais important feature, withou.
which leased lands would be indefinitely
tied up from settlement, Mr. Browning
4 declares was omitted from the Senate
bill which the Land Commissioners
championed, and when introduced was bit
tarly sntGgonizsdb by the friends Of the Sen
ate bill and the csttlemen, who came near
defeating it. Tais is interesting history,
and il view Of the agitation Of the sgri-
cultural interests in the west produced
by the lease Of the lands before classic
cation, suggests tie question: Whai
would have been the effect OF he adop.
ton OF tAe Senate bill without this re-
deem!ng clause?
Another question Of hardly less imP9r-
lance than the promiscuous leasing OF the
lands, without regard 10 the demand that
may exist foc their purchase by actual
settlers, is involved IN the seeming dIspo-
sition of the state to ignore section IS OF
the lay which makes it highly penal
"foI any person to fence, use, occupy
or appropriate" any of the public Ialds
without authority from the state, II il
be true, as the Commissioner ststes, that
the enforcement OF the penalties provided
by this section would be "simaIy
ruiuous'' 10 the cattle interests the pub
lie would be little disposed TO criticise
It's practical repeal by the executive
powers. B1r. Browning denies that such
8 result would follow its enforcement
and asserts that the purpose Of the Legis'
Iature was TO force q removal Of illega
fences, whose existence w2s well known
to the Legislature. He declares that il
the trainers of the bill mad avOwed de-
sign to protect these trespassers, the bill
could not have bean passed in any shape
These ere, in substance, the points q
difference between Mr., Browning snt
the Commissioner. The two great cues
tions involved are: First, whether al
school lands shall be leased, or should
under the law, those in demand for set
Element be reserved from lease? Second
should the state force the removal of tht
Illegal fences erected upon the schoo
lands?
The final disposition of these question:
By the administration will have 4 mos
important bearing upon the settlement o
the west, and determine the extent x
which individuals and corporations caI
appropriate and monopoliZe public lands